What Is a Superseding Indictment?

By Staff WriterLast Updated April 04, 2020

A superseding indictment is an indictment that replaces a previous indictment. These indictments are usually filed when new evidence has been found and new charges need to be filed.

Generally, a prosecutor may seek to obtain a superseding indictment when new evidence has been found, when a grand jury has dismissed a previous indictment or when a motion to dismiss previous charges has been granted by the court with jurisdiction over the case. If there was a trial in the case and the top counts on the indictment were dismissed, the prosecutor can obtain a superseding indictment to charge the defendant with remaining charges.